Small claims court

henry24

£4800 the 1900 was just an example of one of the things. The person had a lot of bills coming in that I helped with.

lincroft1710

So you need all the debts itemised with specific amounts and the agreement of the debtor he owes the money. A text from him saying "I will pay you the holiday money by 20 Aug 2019" will not suffice.

henry24

Now we're getting somewhere that's the sort of thing I wanted to no. I paid his bills and he put in texts that he would pay me back when I need it. Why is that not good enough?

MEM62

henry24 wrote: »

Now we're getting somewhere that's the sort of thing I wanted to no. I paid his bills and he put in texts that he would pay me back when I need it. Why is that not good enough?

Because a court will not accept them. They may, however, give some weight to the emails that you have.

There is a small chance that, when the summons is received, your ex-friend might cave you'll see some money back. There is also the chance that he will not defend the case and you can obtain summary judgement. But do not rely on either of those and obtaining judgement is just the start. After that you still have to extract the money from him.

PaulW922

I am not sure that text messages are inadmissible? They are frequently used in criminal cases (although often with a forensic analysis to back them up) and the civil rules of evidence which apply here are less stringent. I agree that the court may not consider them especially persuasive if not supported by some other evidence, but I think you could probably include them in any case.

The_Mould

Well, there's an issue promissory estoppel in your case Henry.

You have an agreement with your now ex-friend, whereby you loaned him money and he agreed to pay it back to you.

So your case is "breach of contract", the Defendant has failed to repay monies loaned to him by the Claimant under an expressed agreement.

The Claimant therefore claims the sum of £4,800.

Go to moneyclaim online, register your details, get your password, fill out the Claim, provide the Defendant's full name and full address details, pay the issuance fee.

You will receive confirmation from the online service that your Claim has been issued, you will also receive notice in the post from the court.

Kind regards

The Mould

macman

Send an LBA before you proceed to small claims.
In writing, obtain proof of postage. Forget text and emails from now.

henry24

Macman could you explain what you mean

MEM62

henry24 wrote: »

Macman could you explain what you mean

Protocol requires you to send an LBA before you issue the summons.

Also, from now on put everything in writing - as in on paper and in letters. Forget social medial, text messages and the like.

OnTheRun

henry24 wrote: »

This is a bit different but I don't know where else to put it, I don't owe money someone owes me so I think I'm going to have to go to small claims court. Can anyone offer any advice so I don't make any mistakes

Strive to ensure that you have attempted and exhausted all other means to resolve this dispute out of court first.

Courts should only be used as a matter of last resort, and the court may well ask to see proof from you as the complainant that you are resorting to them as a genuine last resort.

Also try to understand why the defendant is refusing to repay you.

Can't Pay or Won't Pay?

Courts can only really assist you in cases of Won't Pay.